State v. Tembruell

This is an appeal from a judgment and sentence entered upon the verdict of a jury, in which the defendant was found guilty of the crime of grand larceny for having knowingly received stolen property.

Appellant assigns as error the court’s instruction No. 5, which reads as follows:

“The word ‘knowing’, as used in the information, does not mean absolute, personal and certain knowledge on the part of the defendant that the property mentioned in the information had been stolen; it means such knowledge and information on the part of the defendant, at the time he did buy or receive or aid in…